STORAGE NAME: h6011c.JDC
DATE: 3/31/2023
(March 31, 2023)
SPECIAL MASTER’S FINAL REPORT
The Honorable Paul Renner
Speaker, The Florida House of Representatives
Suite 420, The Capitol
Tallahassee, Florida 32399-1300
Re: HB 6011 - Representative Porras
Relief/Estate of Jason Sanchez/Miami-Dade County
THIS IS A SETTLED CLAIM FOR $950,000 AGAINST MIAMI-
DADE COUNTY FOR INJURIES AND DAMAGES SUFFERED
BY THE ESTATE OF JASON SANCHEZ WHEN JASON
SANCHEZ WAS STRUCK AND KILLED BY A MIAMI-DADE
COUNTY PASSENGER BUS ON MAY 13, 2019.
FINDINGS OF FACT: Accident
On the morning of May 13, 2019, 33-year-old Jason Sanchez
(“Sanchez”) was riding his motorcycle to work,
1
heading north
on SW 107
th
Ave.
2
in Miami-Dade County, Florida. At around
7:49 a.m. that morning, as Sanchez approached the
intersection of SW 107
th
Ave. and SW 176
th
Street
3
(“the
intersection”), a Miami-Dade County passenger bus
4
driven by
Miami-Dade County employee Alcides Puello
5
(“Puello”) rolled
through a clearly marked stop sign and entered the
intersection, attempting to make a left turn.
1
The record suggests that Sanchez worked as a floor manager at a collision center at the time of his death, where he
made $17 an hour, plus commissions.
2
SW 107
th
Ave. is an undivided two-lane roadway running north and south through a residential and business area. A
posted speed limit of 30 miles-per-hour is in effect, and it is a through-street at its intersection with SW 176
th
Street.
3
SW 176
th
Street is a divided two-lane roadway running east and west. A posted speed limit of 30 miles-per-hour is in
effect, and it has a stop sign at its intersection with SW 107
th
Ave.
4
The record suggests that the bus in question, Miami-Dade Passenger Bus #6115, is about 40 feet long and weighs
approximately 40,000 pounds.
5
On May 13, 2019, Miami-Dade County employed Puello as a bus operator within its Department of Transportation and
Public Works. He held badge #3018. SPECIAL MASTER’S FINAL REPORT--
Page 2
In taking these actions, Puello drove the bus directly into the
path of Sanchez, who at all times had the right of way as there
was no stop sign or other traffic control device that would have
required Sanchez to stop at the intersection. The record
suggests that, seeing the oncoming bus, Sanchez attempted to
brake but collided with the bus on its left side, flew off of his
motorcycle, and landed in the intersection.
A bus passenger
6
called 911 to report the crash, and Miami-
Dade Fire Rescue responded to the scene, proceeding to
administer first aid to Sanchez.
7
However, Sanchez was
pronounced dead at 7:55 a.m. and his body was transported to
the Miami-Dade County Medical Examiner’s Officer. A May 15,
2019, autopsy of Sanchez’s body revealed, in addition to
superficial abrasions:
A hinge fracture on the skull base;
A dislocated vertebral column;
Fractured vertebrae;
Multiple frontal and temporal lobe lacerations;
A brain stem transection;
Multiple complex rib fractures;
Bilateral hemothoraces;
Heart lacerations;
An aortic transection;
A liver in multiple pieces;
A collapsed left lung with multiple lacerations; and
Fractures of the left humerus and femur and right tibia
and fibula.
Sanchez’s death was ultimately ruled an accident due to
multiple blunt force trauma stemming from the traffic crash.
Investigations, Dismissal, and Charges
On the day of the accident, Miami-Dade County relieved Puello
from duty pending the outcome of an internal investigation. The
County ultimately deemed the crash preventable, and, after a
dismissal hearing, Puello was dismissed
8
from his County
employment on October 17, 2019.
Miami-Dade Police Department investigators also conducted a
traffic homicide investigation, documenting the scene and
6
The record suggests there were four passengers on the bus at the time of the crash. Each was interviewed as part of the
homicide investigation but their recorded interviews were not introduced into the record in the Special Master hearing held
in this matter.
7
The record suggests that Sanchez was wearing a motorcycle helmet at the time of the crash but someone removed it to
administer first aid. Photographs taken of the scene show the motorcycle helmet placed upright near Sanchez’s body.
8
Puello’s supervisor testified that bus operator discipline varies depending on the severity of the conduct at issue and
includes, from least to most severe: a record of counseling; a written reprimand; suspensions of five, ten, or fifteen days;
and dismissal. The record suggests that Puello received a written reprimand in May of 2015 for causing a front-end
collision and a ten-day suspension in August of 2016 for a schedule violation. Puello was also involved in a crash on
October 25, 2016, which was deemed preventable, but the bus subsequently performed poorly on a brake test and thus
he was not disciplined for that crash. SPECIAL MASTER’S FINAL REPORT--
Page 3
interviewing witnesses. Initially, Puello told the investigators
that, because he knew the intersection was “very dangerous,”
he stopped at the stop sign and looked both ways before
turning left, seeing no one before making the turn. Puello then
said that after he started turning, he saw a motorcyclist “coming
fast,” then braking and losing control of the motorcycle before
hitting the bus’s midsection. However, video footage taken from
the bus’s on-board video surveillance system showed that
Puello rolled through the stop sign at the intersection, failing to
come to a complete stop before making the left turn.
Puello later admitted he rolled through the stop sign, claiming
that he did so because trees on each street corner at the
intersection prevented him from seeing to either side when
stopped, thus requiring him to pull forward ten to fifteen feet to
determine whether the way was clear. However, the video
surveillance footage would reveal that, on the morning of the
crash, Puello ran three other stop signs and turned right on red
in violation of Miami-Dade County policy before running the
stop sign that led to the crash.
In any event, Puello told investigators that, after the crash, he
stopped the bus right away and called “the base” to inform
them of the incident while bus passengers checked on
Sanchez and administered CPR; it was one of these
passengers who first told Puello that Sanchez had died.
Investigators who responded to the scene noted that the bus
came to rest facing south in the southbound lane of SW 107
th
Ave., while the motorcycle came to rest facing southwest in the
westbound lanes of SW 176
th
Street. Skid and gouge marks
trailed to the bus’s final resting place, and Sanchez lay face-up
but deceased in the intersection.
According to the Miami-Dade County Police Department’s
Traffic Homicide Report, issued in this matter on September 12,
2019:
SW 107
th
Ave. and SW 176
th
Street are both straight,
asphalt-paved roadways with no obvious defects or
obstructions that would have affected the crash.
At the time of the crash, it was daytime, and the
weather was warm, clear, and dry.
Sanchez and Puello were both operating their vehicles
with no apparent impairments.
Puello failed to make a complete stop at the
intersection, running the stop sign.
Puello failed to observe Sanchez traveling north on SW
107
th
Ave. and failed to yield the right of way while
entering the intersection, causing the crash.
That same day, Puello was charged with running a stop sign,
thereby causing a traffic crash resulting in a traffic fatality, in
violation of s. 316.123(2)(a), F.S. SPECIAL MASTER’S FINAL REPORT--
Page 4
Civil Action
On September 17, 2019, Sanchez’s mother, Jacqueline Abreu
(“Mrs. Abreu”), filed a lawsuit against Miami-Dade County,
seeking to recover damages
9
for the wrongful death of her son
as personal representative of his estate and on behalf of his
survivors, who are Ms. Abreu and Sanchez’s father, Manuel
Sanchez (collectively “plaintiffs” or “Claimants”).
10
In their
petition, the plaintiffs alleged that Miami-Dade County was
vicariously liable for Sanchez’s death under Florida’s
respondeat superior doctrine; in other words, the plaintiffs
argued that Miami-Dade County was responsible for the
negligent actions of its employee, Puello, which actions were
the proximate cause of Sanchez’s death.
On April 6, 2022, Miami-Dade County entered into a settlement
agreement with the plaintiffs for $300,000 and agreed therein
not to oppose a claim bill which the plaintiffs might bring in the
amount of $950,000. The County ultimately approved the
settlement agreement and paid the $300,000 owed.
However, the settlement agreement provides that it is a
“compromise of a doubtful and disputed claim.” At the Special
Master hearing held on this matter, counsel for Miami-Dade
County testified that this language stems from the County’s
position that, although the County admits to its own liability for
Puello’s negligence, Sanchez contributed to the accident as he
was speeding when the crash occurred.
11
Counsel for the
Claimants acknowledged that, though the settlement amount
does not wholly compensate the Claimants for their loss, the
Claimants agreed to the amount in recognition of the County’s
limitations as a sovereign entity and of the amount of prior
settlements and claim bills in similar tragedies.
The Loss of Sanchez
According to the testimony given at the Special Master hearing
held in this matter on February 10, 2023, Sanchez leaves
behind his parents and a brother, with whom he was very close.
In fact, the testimony suggests that Sanchez was living with his
father at the time of his death, paying rent and for some food
and other bills, and that he spent most of his free time with his
family or at church, which he attended regularly .
Sanchez’s parents and brother each testified about the
enormity of their loss at the hearing, and their grief was evident.
9
The damages sought included damages for loss of future wages and earnings; loss of future benefits; funeral and burial
expenses; medical expenses; loss of prospective net estate accumulations; loss of support and services; loss of
companionship and society; mental pain and suffering; emotional distress; mental anguish; interest; and other associated
costs to be determined.
10
The record suggests that Mr. Sanchez was, at the time of his death, divorced and without children.
11
In his deposition, Puello testified that he thought Sanchez was speeding at the time of the crash, and that at least one
bus passenger might have also thought so. Further, the traffic citation entered into the record suggests that Sanchez was
traveling at 40 miles-per-hour in a 30 mile-per-hour zone, but nothing else presented into the record verifies this. SPECIAL MASTER’S FINAL REPORT--
Page 5
CONCLUSIONS OF LAW: Pursuant to House Rule 5.6(b), stipulations entered into by the
parties to a claim bill (including settlement agreements) are not
binding on the Special Master or the House or any of its
committees of reference. Thus, each claim is heard de novo,
and the Special Master must make findings of fact and
conclusions of law which support the claim. In the instant
matter, the Claimants raise a negligence claim, the elements of
which are duty, breach, causation, and damages.
Duty
The driver of a motor vehicle has a duty to take reasonable
care and to follow all applicable laws to prevent harm to those
within the vehicle’s path.
Section 316.123(2)(a), F.S., requires every driver of a vehicle
approaching a stop sign to stop at the clearly marked stop line,
but if no stop line is present, to stop before entering the
crosswalk on the near side of the intersection so that the driver
has a view of approaching traffic on the intersecting roadway
before entering the intersection. After stopping, the driver must
yield the right of way to any vehicle which has entered the
intersection from another highway or which is approaching so
closely on said highway as to constitute an immediate hazard
during the time when the driver is moving across the
intersection.
12
Further, Miami-Dade County’s metrobus operations and rules
manual requires all county bus operators to come to a full stop
at stop signs.
13
Breach
The evidence presented demonstrates that Puello breached
the duties described above when he failed to stop at a marked
stop sign before entering the intersection and to yield the right
of way to Sanchez, thereby causing a traffic fatality.
Causation
Sanchez’s death was the direct and proximate result of Puello’s
breach of the duties described above. But for Puello’s failure to
stop at a marked stop sign before entering the intersection and
to yield the right of way to Sanchez, the traffic crash which
caused Sanchez’s death on May 13, 2019, would not have
occurred.
Damages
The Claimants settled the instant matter with Miami-Dade
12
S. 316.123(2)(a), F.S.
13
Deposition of Joseph James, Division Superintendent of Miami-Dade County’s Department of Transportation (August
26, 2021). SPECIAL MASTER’S FINAL REPORT--
Page 6
County for $1.25 million, $300,000 of which the County has
already paid as part of the settlement agreement; thus, this
claim bill is for $950,000 to compensate the Claimants for their
loss of financial support and extreme mental anguish and
suffering due to the loss of their son. I find the settlement
amount is reasonable based on the evidence presented, case
law, and comparable jury awards.
Respondeat Superior
Under the common law respondeat superior doctrine, an
employer is liable for the negligence of its employee when the:
Individual was an employee when the negligence
occurred;
Employee was acting within the scope of his or her
employment; and
Employee’s activities were of a benefit to the
employer.
14
For conduct to be considered within the course and scope of
the employee’s employment, such conduct must have:
Been of the kind for which the employee was employed
to perform;
Occurred within the time and space limits of his
employment; and
Been due at least in part to a purpose serving the
employment.
15
Because Puello was at all times relevant to the instant matter
employed as a bus operator by Miami-Dade County and was
acting within the scope of his employment, which employment
benefitted the County, the County is liable for Puello’s breach
under the common law respondeat superior doctrine.
CLAIMANT’S POSITION:
RESPONDENT’S POSITION:
RESPONDENT’S ABILITY TO
PAY:
ATTORNEY’S/
LOBBYING FEES:
The Claimants assert that they are entitled to the remaining
$950,000 authorized by the settlement agreement.
Consistent with the terms of the settlement agreement in this
matter, Miami-Dade County does not contest the claim bill.
Miami-Dade County, through counsel, indicated that it
maintains an insurance trust fund out of which it will pay the
claim bill should the claim bill pass, and that paying the claim
bill will not impact the County’s operations.
If the claim bill passes, attorney fees relating to the claim bill
may not exceed $190,000, while lobbying fees relating to the
claim bill may not exceed $47,500.
14
Iglesia Cristiana La Casa Del Senor, Inc. v. L.M., 783 So. 2d 353 (Fla. 3d DCA 2001).
15
Spencer v. Assurance Co. of Am., 39 F.3d 1146 (11th Cir. 1994). SPECIAL MASTER’S FINAL REPORT--
Page 7
LEGISLATIVE HISTORY: The claim bill is presented to the Legislature for the first time.
RECOMMENDATIONS : Based on the foregoing, I recommend that House Bill 6011 be
reported FAVORABLY.
Respectfully submitted,
CAITLIN R. MAWN,
House Special Master
cc: Representative Porras, House Sponsor
Senator Rodriguez, Senate Sponsor
Daniel Looke, Senate Special Master